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that the Police Department was opposed to the request to modify the conditions of approval due to the potential for the incidents to escalate at the establishment. Mr. Thomas Childress, representing the applicant, stressed that the staff report stated reported incidents; that the reported incidents were not verified; and he claimed that the applicant's record had been unblemished for approximately three to four years. Motion to deny the modifications to the conditions of approve! for Conditional Use Permit No. 96-39. MOTION: Mondo SECONDED: Doughty Commissioner Mondo commented that he believed modifying the requested conditions would permit the establishment to operate as a nightclub and if the applicant was interested in a nightclub, the appropriate application should be filed for review. In addition, he commented concerning the letter submitted to the Commission dated 10/10/00. He stated that the letter was very misleading regarding patrons viewing the policy of serving food in conjunction with alcohol was a way to exact additional money; limiting the type of music to the ethnicity of the type restaurant; and that the modifications were requested to enhance what appeared to be a marginal economic return on the restaurant. He further expressed concerns surrounding the request and indicated that while all of the police related incidents may not have been verified, incidents were in fact happening at the location. Commissioner Nalle requested modifications to condition of approval number 17 to allow all types of music at the restaurant and to remove the limitation of mariachi music only. Amended motion: Deny modifications to conditions of approval numbers 4, 5, and 13 and approve modification to condition of approve/ number 17 to %ive entertainment provided she/I be limited to non amp/ified music ancillary to the restaurant use';• and directed staff to prepare a resolution for adoption at the next scheduled meeting.. MOTION: Mondo SECONDED: Doughty Commissioner Verino commented that she would be voting in opposition to the motion due to the private party use at the restaurant. Commissioner Leo commented that he would be voting in opposition to the motion because he believed the issue could be resolved since the applicant showed a willingness to work with the Police Department and staff to improve operations at the restaurant. AYES: NOES: ABSENT: ABSTENTION: 2. CONDITIONAL L Mondo, Nalle, Doughty, and Cribb Verino and Leo Richardson None iSE PERMIT NO.00-15 (APPEAL NO.00-08 Filed by Mr. Alex Burrola to appeal the Zoning Administrator's decision not to allow a Type 20 Alcohol Beverage Control License in order to sell beer and wine for off-premise consumption at the Super Antojitos Meat Market located at 2307 South Bristol Street. (Continued by the Planning Commission December 11, 2000 to January 8, 2001) PUBLISHED IN THE REGISTER: November 3, 2000 PUBLICLY NOTICED: November 3, 2000 5